Stamp Act 1891/S12A(2) provides for a £300 penalty (see STSM154040 - STSM154050) for a failure to stamp an instrument following adjudication (see STSM022010+). The penalty applies where HMRC has issued a formal notice of decision following a request for adjudication but the instrument is not stamped within 30 days of the notice (or such longer time as HMRC may allow). The person who requested the adjudication is liable to a penalty of not more than £300 unless there is a reasonable excuse for the failure.

In cases where an instrument has been lodged for adjudication and HMRC has issued an informal statement (but not a formal notice of decision) of the stamp duty due but the customer decides to withdraw the document unstamped, HMRC will not apply the penalty on failure to stamp following adjudication.

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